DAVID GILO, CURRICULUM VITAE

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DAVID GILO, CURRICULUM VITAE Affiliation: Associate Professor, Buchmann Faculty of Law, Tel Aviv University (received tenure-2004) Ramat-Aviv, Haim Levanon St., Tel Aviv, 68878, Israel Home Address: 21 Zichron Yaakov St., app. #19 Petach Tikva, 49727 Israel Telephone: Office: 972-3-6407813 Home: 972-3-9229925/8 E-mail gilod@post.tau.ac.il Areas of research: Antitrust, regulation, industrial organization, contracts, torts, law and economics. Doctoral degree: Harvard Law School (1996) Director of the area of antitrust and regulation of markets in the Tel Aviv University Faculty of Law Member of the Israeli Antitrust Court Teaching interests: antitrust; antitrust law and economics; comparative antitrust; antitrust and supplierbuyer relationships; antitrust seminars; corporations; contracts Teaching experience: antitrust, antitrust and regulation seminar, corporations, contracts, law and economics workshop A. EDUCATION Period of Name of university Subject Degree Date of study Award 1989-93 Tel Aviv University Economics B.A. 1993 1989-93 Tel Aviv University Law LL.B. 1993 1993-96 Harvard Law School Law SJD 1996 Title of Master's thesis: Antitrust Policy in Small Economies Name of Supervisor: Professor Louis Kaplow

David Gilo, CV 2 Title of Doctoral dissertation: Anticompetitive Commitments: The Anticompetitive Effect of Passive Investment and Vertical Integration or Restraints to Restore the Supplier s Market Power Name of supervisor: Professor Louis Kaplow B. ACADEMIC AND PROFESSIONAL EXPERIENCE Period Name of institution Department Rank/Function 1990-91 Tel Aviv University Law Member of editorial board of Tel Aviv University Law Review 1991-92 Tel Aviv University Law Teaching assistant in Contracts for Prof. Daniel Friedmann and Prof. Nili Cohen 1992-93 Supreme Court of Israel Legal clerk to Justice Yaakov Maltz 1992-93 S. Horowitz Law Firm Legal internship 1996-2000 1996-2000 1998-2000 1998-1999 1999-2000 2000-2003 2003-2004 2004- present College of Management Academic Studies Law School Assistant professor Tel Aviv University Law School Teaching assignment Tel Aviv University Management Teaching assignment Hebrew University of Jerusalem Law Teaching assignment Tel Aviv University Economics Teaching assignment Tel Aviv University Law and Management Assistant Professor Tel Aviv University Law Assistant Professor Tel Aviv University Law With tenure

David Gilo, CV 3 2004-2006 Tel Aviv University Law Leading Editor of the Tel Aviv Law Review 2006- The Israeli Antitrust The Israeli Member of the Israeli present Court Court System Antitrust Court 2002- American Economic Law, Referee present Review, Journal of Law, Economics Economics and Organization; Managerial and Decision Economics; Journal of Competition Law and Economics; Telecommunications Policy; Journal of Industry Competition and Trade; Tel Aviv University Law Review; Hebrew University Law Review; Haifa University Law Review; Mishpat Umimshal; IDC Law Review. C. ACTIVE PARTICIPATION IN SCIENTIFIC MEETINGS The American Law and Economics Association Annual Meetings The Israeli Law and Economics Association Annual Meetings D. ACADEMIC AND PROFESSIONAL AWARDS 1996 The John M. Olin Prize in Law and Economics for the articles Partial Ownership as a Strategic Variable to Facilitate Tacit Collusion and The Anticompetitive Effect of Passive Investment (formerly: The Anticompetitive Effect of Partial Stock Acquisitions)

David Gilo, CV 4 2003 NET Institute grant, $15,000 10/05- Israel Science Foundation grant, 9/06 "Partial Ownership among Firms" Amount of grant: 92,000 ILS 2009 The Sapir Forum for Economic Policy Prize, 45,000 ILS E. MEMBERSHIP IN PROFESSIONAL SOCIETIES Year 1996-present 2002-present Society American Law and Economics Association Israeli Law and Economics Association F. MASTER STUDENTS SUPERVISED BY DAVID GILO Year Name of Student Title of Thesis Acad Institution 2003 Dotan Cohen Monopsony and Buyer Cooperation Tel Aviv University 2007 Hagit Bulmash Price Discrimination among Distributors Tel Aviv University G. DOCTORAL STUDENTS SUPERVISED BY DAVID GILO Year Name of Title of Thesis Acad Institution Student 2005 Iris Soroker Intellectual Property and Antitrust, in the Monopoly Point Hebrew University In Process Hagit Bulmash Motivations for Price Discrimination, Evidence from Litigation Tel Aviv University In Process Ori Baram Antitrust Policy in the Credit Card Industry Tel Aviv University H. Publications: a. Articles Articles 1. David Gilo Yossi Moshe and Yossi Spiegel ACADEMIC PUBLICATIONS

David Gilo, CV 5 Partial Cross Ownership and Tacit Collusion, 37 RAND Journal of Economics 81-99 (2006). 2. David Gilo "The Anticompetitive Effect of Passive Investment," Michigan Law Review, vol. 99, p. 1-47 (2000). 3. David Gilo and Ariel Porat, The Hidden Roles of Boilerplate and Standard-Form Contracts: Strategic Imposition of Transaction Costs, Segmentation of Consumers, and Anticompetitive Effects, Michigan Law Review, vol. 104, 983-1032 (2006). 4. David Gilo and Ehud Guttel Negligence and Insufficient Activity: The Missing Paradigm in Torts, forthcoming Michigan Law Review (2009). 5. Ariel Ezrachi and David Gilo EU Competition Law and the Regulation of Passive Investments Among Competitors Oxford Journal of Legal Studies, vol. 26, p. 327 349 (2006) 6. David Gilo A Market-Based Approach to Telecom Interconnection, Southern California Law Review, vol. 77 (2003), 1-75. 7. David Gilo "Retail Competition Percolating through to Suppliers, and Using Vertical Integration, Vertical Restraints and Tying to Stop It," Yale Journal on Regulation, vol. 20, p. 25, 57-81 (2003). 8. David Gilo and Yossi Spiegel, Network Interconnection with Competitive Transit, Information Economics and Policy, vol. 16 (2004) 439-458. 9. David Gilo The Problem of Bank Rescues: A Comment on Miwa and Ramseyer, Theoretical Inquiries in Law, vol. 6, p. 65-70 (2004)

David Gilo, CV 6 10. David Gilo and Yossi Spiegel The Credit Card Industry in Israel, Review of Network Economics, Vol.4, Issue 4 December 2005 (with Yossi Spiegel). 11. David Gilo and Ariel Ezrachi "Are Excessive Prices Really Self-Correcting?", forthcoming, Journal of Competition Law and Economics (2008) 12. David Gilo The (Lack of) Economic Analysis by Courts in Israeli Antitrust Cases Concerting Restraints of Trade, Israel Law Review, vol. 39(3) p. 98-122 (2006). 13. David Gilo Tnuva vs. the Head of the Antitrust Authority: Dynamic Analysis in Mergers, Hamishpat Law Review vol. 8 (1998). (in Hebrew) 14. David Gilo "Toward a New Legal Policy Toward Covenants not to Compete," Tel Aviv University Law Review, vol. 23, p. 63 (2000). (in Hebrew) 15. David Gilo Is it Sensible to Break Down the Dam of Illegal Restraints and Block the Flood with Ad Hoc Fences? Tel Aviv University Law Review, vol. 27 (2003). (in Hebrew) 16. David Gilo When Contracts Harm Competition in The Promisee s Market, Tel Aviv University Law Review, vol. 28 (2004). (in Hebrew) 17. David Gilo

David Gilo, CV 7 Trade Secrets, Competitiveness and Asymmetric Information, Din Udvarim Law Review, vol. 2, 675 (2006). (in Hebrew) 18. David Gilo Passive Investments among Competitors in Israel, forthcoming, Mishpatim Law Review (2006). (in Hebrew). 19. David Gilo The Importance of the Proposed Amendment Number 9 of the Antitrust Act, its Declarative Nature, And A Proposal to Remove The Burden of Economic Analysis from Civil Courts, forthcoming, Tel Aviv University Law Review, vol. 29 (2006). (in Hebrew) 20. David Gilo The Complexity of the Anticompetitive Effects of Exclusivity in Shopping Malls, forthcoming, Mechkarei Mishpat Law Review, vol. 23(1) (2006). (in Hebrew). 21. David Gilo Changes in The Treatment of Vertical Restraints, Hamishpat (2007) (in Hebrew) 22. David Gilo Mergers According to The Antitrust Law-A Critical Assessment, Law and Business (2008) (in Hebrew) 23. David Gilo Are Price Recommendations An Antitrust Violation, and Why?, forthcoming, Iunei Mishpat, (2010) (in Hebrew

David Gilo, CV 8 b. Chapters in Books: 24. David Gilo and Ariel Porat The Unconventional Uses of Transaction Costs, forthcoming, Boilerplate: Foundations of Market Contracts, (Omri Ben Shahar-ed.) Cambridge University Press (2007). 25. David Gilo Passive Investment : Issues in Competition Law and Policy (American Bar Association, Wayne Dale Collins Ed. 2006). 26. David Gilo The Deterrent Factor of Damages that Affect Pricing, in Comparative Remedies for Breach of Contract, (Nili Cohen and Ewan McKendrick, ed., Hart, Oxford, 2005), 235-247. 27. David Gilo "Private labels, dual distribution and vertical restraints An analysis of the competitive effects," forthcoming: Private Labels, Brands and Competition Policy, The Changing Landscape of Retail Competition (Ariel Ezrachi & Ulf Bernitz eds, 2008) 28. Ariel Ezrachi and David Gilo The Darker Side of the Moon The Assessment of Excessive Pricing and Proposal for a Post-entry Price-cut Benchmark forthcoming in Studies of the Oxford Institute of European and Comparative Law (Hart publishing). (2010) 29. David Gilo Contracts Restraining Competition and Contracts of a Monopolist, in Contracts, vol. III (D. Friedmann and N. Cohen eds) (2003) (in Hebrew) 30. David Gilo and Yossi Spiegel

David Gilo, CV 9 Vertical Restraints in Economics and Legal Analysis of Antitrust Law (M. Gal and M. Perlman eds) (2008) (in Hebrew) 31. David Gilo Intervention against Oppressive Terms in Standard Form Contracts in a Competitive Market, and the Virtue of a Monetary Sanction against Oppression in The Friedmann Book (N. Cohen and O. Grosskopf eds) (2007) (in Hebrew) c. Working papers: 1. David Gilo Antitrust Policy in Small Economies (Working Paper, Harvard Law School, 1994). 2. David Gilo Partial Ownership as a Strategic Variable to Facilitate Tacit Collusion (Working Paper, John M. Olin Program, Harvard Law School, 1995). 3. David Gilo and Yossi Spiegel Partial Cross Ownership and Tacit Collusion, CSIO Working Paper no. 0038, 2003. 4. David Gilo Yossi Spiegel and Umed Tumershoev Partial Cross Ownership and Tacit Collusion with Asymmetric Firms, Working paper, Tel Aviv University, 2006. 5. Ariel Ezrachi and David Gilo The Subtle Virtues of Prohibiting Excessive Pricing by Dominant Firms, Working Paper, Tel Aviv University, 2007.

David Gilo, CV 10 6. David Gilo and Ariel Porat A Market-Based Approach to Consumer Contracts, Working paper, Tel Aviv University, 2009. 7. Ariel Ezrachi and David Gilo Excessive Pricing, Entry, Assessment and Investment Lessons from the Mittal Litigation I. PRESENTATIONS (presentations in English are in bold font) June 2009, Rome, Siena Toronto Tel Aviv Workshop in Law and Economics A Market-Based Approach to Consumer Contracts June 2009, Norwich, University of East Anglia, CCP Conference on Collusion and Cartels, Partial Cross Ownership and Tacit Collusion with Cost Asymmetries June 2009, Tel Aviv, Comment on Aaron Edlin, the Externality from Accidents. November 2008, University of Tilburg, Partial Cross Ownership and Tacit Collusion with Cost Asymmetries October 2008, University of Chicago Law and Economics Workshop, Liability for Insufficient Risks October 2008, University of Michigan Law and Economics Workshop, Liability for Insufficient Risks September 2008, European Association of Law and Economics, Liability for Insufficient Risks June 2008, Tel Aviv Toronto Siena Workshop in Law and Economics, Liability for Insufficient Risks June 2008, Israeli Economics Association Annual Meeting, Liability for Insufficient Risks May 2008, American Law and Economics Association Annual Meeting, Liability for Insufficient Risks April 2008, Law and Economics/IO Workshop, Tel Aviv University, Liability for Insufficient Risks December 2007, Law and Economics Workshop, Tel Aviv University, Are Excessive Prices Really Self Correcting? June 2007, Siena-Toronto-Tel Aviv Workshop in Law and Economics, The Subtle Virtues of Prohibiting Excessive Pricing by Dominant Firms. May 2007, American Law and Economics Association annual meeting, The Subtle Virtues of Prohibiting Excessive Pricing by Dominant Firms.

David Gilo, CV 11 April 2007, IO workshop, Economics Depatment, Tel Aviv University, The Subtle Virtues of Prohibiting Excessive Pricing by Dominant Firms. November-December 2006, Law and Economics Workshop, Hebrew University, Law and Economics Workshop, Tel Aviv University and Faculty seminar, Tel Aviv University: "The Hidden Roles of Boilerplate and Standard-Form Contracts: Strategic Imposition of Transaction Costs, Segmentation of Consumers, and Anticompetitive Effects, (with Ariel Porat). May 2006, American Law and Economics Association annual meeting: "The Hidden Roles of Boilerplate and Standard-Form Contracts: Strategic Imposition of Transaction Costs, Segmentation of Consumers, and Anticompetitive Effects, (with Ariel Porat). November 2005, Law and economics workshop, Tel Aviv University: Partial Cross Ownership and Tacit Collusion, (with Yossi Moshe and Yossi Spiegel). October 2005, University of Michigan School of Law, Conference on boilerplate: "The Hidden Roles of Boilerplate and Standard-Form Contracts: Strategic Imposition of Transaction Costs, Segmentation of Consumers, and Anticompetitive Effects, (with Ariel Porat). December 2005, Industrial Organization Workshop, Economics Department, Tel Aviv University: Partial Cross Ownership and Tacit Collusion, (with Yossi Moshe and Yossi Spiegel). April 2005, Trade Secrets, Competitiveness and Asymmetric Information : Law and Economics Workshop, Tel Aviv University June 2004, Summer meeting of the econometric society, Providence, Partial Cross Ownership and Tacit Collusion June 2004, Israeli Law and Economics Association, Annual Meeting, Partial Cross Ownership and Tacit Collusion February 2004, Oxford University, Partial Cross Ownership and Tacit Collusion. November 2003, Law and Economics Workshop, Tel Aviv University, Network Interconnection with Competitive Transit. July 2003, SAET, Annual Meeting, Rodos, Network Interconnection with Competitive Transit. March 2003, Law and Economics Workshop, Tel Aviv University, Partial Cross Ownership and tacit Collusion. January 2003, Workshop on Firms, Markets and the Law, Tel Aviv University, A Market-Based Approach to Telecom Interconnection. October, 2002, University of Michigan School of Law, Law and Economics Workshop: A Market- Based Approach to Telecom Interconnection. June, 2002, Israeli Law and Economics Association, Annual Meeting, IDC, A Market-Based Approach to

David Gilo, CV 12 Telecom Interconnection. May, 2002, American Law and Economics Association, Annual Meeting, Harvard University, A Market-Based Approach to Telecom Interconnection. April, 2002, Law and Economics Workshop, U.C. Berkeley, A Market-Based Approach to Telecom Interconnection. April, 2002, Stanford University, Law School, A Market-Based Approach to Telecom Interconnection. March, 2002, Law and Economics Workshop, Tel Aviv University, A Market-Based Approach to Telecom Interconnection. March, 2002, Industrial Organization Workshop, Department of Economics, Tel Aviv University, A Market-Based Approach to Telecom Interconnection. January, 2002, Law and Economics Workshop, Hebrew University, A Market-Based Approach to Telecom Interconnection. November, 2001, Law and Economics Workshop, Tel Aviv University, Retail Competition Percolating through to Suppliers, and using vertical integration, vertical restraints and tying to stop it. April 2000, Faculty Seminar, Tel Aviv University Law School, Retail Competition Percolating through to Suppliers, and using vertical integration, vertical restraints and tying to stop it. May, 2000, American Law and Economics Association, Annual Meeting, NYU, Retail Competition Percolating through to Suppliers, and using vertical integration, vertical restraints and tying to stop it. October, 1999, Law and Economics Workshop, Tel Aviv University, Retail Competition Percolating through to Suppliers, and using vertical integration, vertical restraints and tying to stop it. January 1999, Faculty Seminar, Hebrew University Law School, The Anticompetitive Effect of Passive Investment. December, 1998, Law and Economics Workshop, Tel Aviv University, The Anticompetitive Effect of Passive Investment. December 1998, Finance Seminar, Faculty of Management, Tel Aviv University, Partial Ownership as a Strategic Variable to Facilitate Tacit Collusion. May, 1997, American Law and Economics Association, Annual Meeting, Toronto, Partial Ownership as a Strategic Variable to Facilitate Tacit Collusion. November, 1996, Law and Economics Workshop, Tel Aviv University, Partial Ownership as a Strategic Variable to Facilitate Tacit Collusion. October, 1996, Industrial Organization/Applied Microeconomics Workshop, Department of Economics, Tel Aviv University, Partial Ownership as a Strategic Variable to Facilitate Tacit Collusion.

David Gilo, CV 13 October, 1996, Law and Economics Workshop, Harvard University, Does a Supplier Have the Market Power We Thought it Had? The Use of Vertical Integration and Vertical Restraints to Restore the Supplier s Market Power. November 1995, Industrial Organization Workshop, Department of Economics, Harvard University, Partial Ownership as a Strategic Variable to Facilitate Tacit Collusion. December 1995, Research Seminar in Law and Economics, Harvard Law School, Partial Ownership as a Strategic Variable to Facilitate Tacit Collusion.